Blog Symposium

Open Call for Contributions: Exploring Common Article 3 of the 1949 Geneva Conventions

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As we commemorate this year the 75th anniversary of the 1949 Geneva Conventions, our blog, “Armed Groups and International Law,” invites scholars, practitioners, and experts in international humanitarian law (IHL) to contribute blog posts addressing various dimensions of Common Article 3. This foundational provision, encapsulated within the Conventions, has significantly shaped the landscape of IHL, …

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Al Hassan blog symposium – Complicity in Torture and the ICC

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Al Hassan Ag Abdoul Aziz was charged with war crimes and crimes against humanity before the ICC in 2018 for his alleged role in mass torture, rape, sexual slavery, and other atrocities, while the leader of Ansar Eddine and its short-lived Sharia state in Mali in 2012. After four years of trial proceedings, the prosecution, …

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A Match Made in Hell? The Rise of Autonomous Weapons Use in Non-State Armed Groups

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“Hasta la vista, baby” Terminator 2: Judgment Day (1991) The Terminator was maybe the true visionary of our time, as the fear of ‘killer robots’, a recurring theme in fictional pop culture, actually came to life. Known as autonomous weapons systems (AWS) in the legal sphere, their rapid development and spread, especially with the recent increasing popularity …

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The power of religion: religious leaders as a tool for, or against, IHL-compliance by non-state armed groups

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The respect of international humanitarian law (IHL) by non-state armed groups (NSAGs) is a recurrent concern of the international community. In some cases, NSAGs may not deem themselves bound by IHL since they have not taken part in the creation of these same rules. This is why other means or strategies must be taken into …

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Non-State Armed Groups, Territorial State and Weaponisation of Humanitarian Aid: Is State Consent Necessary?

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Non-State armed groups (NSAGs) are commonly viewed in a negative light due to the legal ambiguities they bring in various areas. Particularly in non-international armed conflicts, these groups are often depicted as obstructive forces capable of impeding humanitarian operations. Nevertheless, it has been shown that States, too, have utilised the blockage of humanitarian assistance intended for territories …

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Gendered Crime as a Central Focus in the ICC’s Al-Hassan Case

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The case of Prosecutor v Al Hassan Ag Abdoul Aziz Ag Mahomed Ag Mahmoud at the International Criminal Court (ICC) is precedent-setting for the ICC’s Office of the Prosecutor: it is the first case in which the crime against humanity of persecution on gender grounds has been litigated by the ICC, and the ICC is the first …

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The War Crime of Sentencing or Execution without Due Process in the Al Hassan Case: The Interpretative Pitfalls Hidden in the Application of the Crime

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1. Introduction The Al Hassan case is the first-ever case before an international (or hybrid) criminal tribunal dealing with the war crime of sentencing or execution without due process. Mr Al Hassan is charged with the crime as an accomplice under Article 25(3)(2)(d) and/or (c) of the Statute for his alleged involvement, as an important member of the Islamic Police, …

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Petite Sardine or Big Fish? Rebel Governance and the ICC Al Hassan Trial

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On 25 May, the Defence finished their closing statements in the Al Hassan case at the International Criminal Court (ICC). The case relates to acts committed during the nine months of 2012 and 2013 that Ansar Dine and Al-Qaida in the Islamic Maghreb (AD/AQMI) controlled Timbuktu. The case stems from a self-referral by Mali in July 2012 …

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Aspirant States and the (Non-)Recognition of Legal Identity (Documents)

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Introduction The question of legal identity in civil conflict and territories under rebel governance has increasingly been covered in academic and policy circles (e.g. Ukraine, Syria, Sri Lanka). However, the recognition of legal identity (documents) conferred by aspirant states remains under researched. Civil documents are a symbol of state sovereignty/identity, and non-state authorities often issue identity documents to create legitimacy and show …

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